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Dr. Phil McGraw testifies to the Texas House of Representatives Committee on Judiciary and Civil Jurisprudence on the trial of Robert Roberson in the Capitol Extension on Monday, Oct. 24, 2024.
A dead man's statute, also known as a dead man act or dead man's rule, is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a deceased person (a "decedent") against the decedent unless there is a waiver.
On that same date, the Texas Committee on Criminal Jurisprudence approved a subpoena to allow Roberson to testify before a Texas House committee in relation to his case. [4] On October 16, 2024, the Texas parole board voted unanimously, 6–0, against recommending Roberson's sentence be commuted or his execution delayed.
Washington v. Texas, 388 U.S. 14 (1967), is a United States Supreme Court case in which the Court decided that the Compulsory Process Clause of the Sixth Amendment to the Constitution (guaranteeing the right of a criminal defendant to force the attendance of witnesses for their side) is applicable in state courts as well as federal courts. [1]
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The grant of immunity impairs the witness's right to invoke the Fifth Amendment protection against self-incrimination as a legal basis for refusing to testify. Per 18 U.S.C. § 6002, a witness who has been granted immunity but refuses to offer testimony to a federal grand jury may be held in contempt.
The booklet will have the case caption (the name of the court, case number, and names of the parties) on the front. Inside, the pages have line numbers along the left margin, so that the parties can precisely cite testimony by page and line in later court documents.